[R.O. 2011 §400.290; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 2007-47 §15, 5-15-2007]
A.
This
Section sets out the required review procedures and review criteria
for variance request to the Board of Zoning Adjustment.
1.
Post-application conference. After submitting a variance application, the applicant shall have a post-application conference as specified in Section 400.180(B), Post-Application Conference.
[Ord. No. 1671, 7-16-2019]
2.
Application submittal requirements. All variance
applications shall include the following:
a.
A completed application form.
c.
Legal description of the property.
d.
Map depicting general location of the property.
e.
Written description of and justification for the request.
f.
[1]Any development plans, site plans, building plans or elevations
or other plans that may be necessary for a complete review.
[1]
Editor’s Note: Former Subsection (A)(2)(f), which required
all variance applications to include a list of names and addresses
of property owners within 185 feet, was repealed by Ord. No. 1671,
7-16-2019. This ordinance also provided for the redesignation of former
Subsection (A)(2)(g) through (i) as Subsection (A)(2)(f) through (h),
respectively.
g.
Proof of ownership or control of the property or permission from
the property owner.
h.
A completed flood hazard and levee critical area information form,
if necessary. Applications involving the flood hazard or levee critical
area may not be reviewed by the Planning and Zoning Commission and
Board of Aldermen in the time frame outlined in this Section due to
the time required for additional agencies, such as the Corps of Engineers
and levee district, to review the application.
3.
Review and report — Director of Community Development. The Director of Community Development shall prepare a staff report
that reviews the requested variance in light of the conditions for
approval and review criteria, if applicable, as set forth below. The
Director shall make available a copy of the report to the Board of
Zoning Adjustment and the applicant prior to the scheduled Board of
Zoning Adjustment public hearing.
[Ord. No. 1671, 7-16-2019]
4.
Review and action — Board of Zoning Adjustment. The Board of Zoning Adjustment shall hold a public hearing on the
requested variance within sixty (60) days of the date that a complete
application is filed, provided that the required notice can be given
within that time. Following the close of the public hearing, the Board
of Zoning Adjustment shall table, approve, approve with modifications
or deny the application. The decision of the Board of Zoning Adjustment
shall be accompanied by a written finding of fact, based on sworn
testimony and evidence, specifying the reason for granting or denying
the variance.
5.
Conditions for approval (all variance applications). In order for the Board of Zoning Adjustment to approve a variance,
the application must prove the following:
a.
The need for a variance arises from a condition which is unique and
peculiar to the property in question and which is not prevalent in
the neighborhood and ordinarily not found in the same zone or district
and, further, is not created by an action or actions of the property
owner or applicant.
b.
The strict application of the subject provisions will constitute
unnecessary hardship to the applicant.
c.
The granting of the variance will not adversely affect the rights
of adjacent property owners or residents.
d.
The granting of the variance will not adversely affect the public
health, safety, morals or general welfare of the community.
e.
The granting of the variance will not be opposed to the general spirit
and intent of the ordinance from which the variance is sought and
will not be in conflict with any existing laws or ordinances.
6.
Conditions for approval (flood hazard and levee critical
area regulations). In addition to the conditions for approval
stated above, the applicant shall also address the following conditions,
if the requested variance pertains to the regulations established
for the flood hazard and levee critical area. Generally, variances
may be issued for new construction and substantial improvements to
be erected on a lot of one-half (½) acre or less in size contiguous
to and surrounded by lots with existing structures constructed below
the base flood level, provided the following conditions have been
fully considered. As the lot size increases beyond the one-half (½)
acre, the technical justification required for issuing the variance
increases.
a.
The granting of the variance will not preclude a structure's continued
designation as a historic structure as listed on the National Register
of Historic Places, the State Inventory of Historic Places or local
inventory of historic places and the variance is the minimum necessary
to preserve the historic character and design of the structure.
b.
The variance shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result.
c.
The variance is the minimum necessary, considering the flood hazard,
to afford relief.
d.
The granting of the variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public or
conflict with existing local laws or ordinances.
7.
Review criteria (flood hazard and levee critical area regulations). In reviewing variance applications pertaining to the regulations
established for the flood hazard and levee critical area, the reviewing
bodies shall consider the following review criteria:
a.
The danger that materials may be swept onto other lands to the injury
of others.
b.
The danger to life and property due to flooding or erosion damage.
c.
The susceptibility of a proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
d.
The importance of the services provided by the proposed facility
to the community.
e.
The necessity to the facility of a waterfront location, where applicable.
f.
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use.
g.
The compatibility of the proposed use with existing and anticipated
development.
h.
The relationship of the proposed use to the Comprehensive Master
Plan and Floodplain Management Program for that area.
i.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
j.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site.
k.
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical and water systems and streets
and bridges.
8.
Restrictions. In granting a variance, the Board
may impose such restrictions, conditions and safeguards upon the premises
benefited by the variance as may be necessary to reduce or minimize
any potentially injurious effect of such variance upon other property
in the neighborhood and to carry out the general purpose and intent
of these regulations. The Board may set the effective date for the
variance as subsequent to completion of such conditions, safeguards
and restrictions. The Board may require the variance to be recorded
with the County Recorder of Deeds to be effective.
9.
Performance bond. The Board may require a performance
bond to guarantee the installation of improvements, such as parking
lot surfaces, landscaping, etc. The amount of the bond shall be based
on a general estimate of cost for the improvements as determined and
shall be enforceable by or payable to the City in the sum equal to
the cost of constructing the required improvements.
10.
Time limit. In lieu of the performance bond, the
Board may specify a time limit for completion of such required improvements
and in the event the improvements are not completed within the specified
time, the Board may, at a regularly scheduled meeting and after notice
to applicant, revoke the variance.
11.
Notification (flood hazard and levee critical area regulations). If a variance to the regulations pertaining to the flood hazard
and levee critical area is granted, the Director of Community Development
or their designees shall notify the applicant in writing that:
[Ord. No. 1671, 7-16-2019]
a.
The issuance of a variance to construct a structure below base flood
level will result in increased premium rates for flood insurance up
to amounts as high as twenty-five dollars ($25.00) for one hundred
dollars ($100.00) of insurance coverage.
b.
Such construction below the base flood level increases the risk to
life and property.
